By Heather Alexander |
March 11, 2014

Houston Astros pitcher Brandon Backe was among 10 people arrested during an incident involving Galveston police at a hotel bar.

Photo By Dave Rossman/Chronicle

Brandon Backe was accused of resisting arrest during the 2008 incident.

Photo By Karen Warren/Houston Chronicle

Houston Astros pitcher Brandon Backe was among 10 people arrested during an incident involving Galveston police at a hotel bar.

Photo By Melissa Phillip/Houston Chronicle

Backe finished 30-28 in six seasons with the Astros. He had his best year in 2005, when the Astros went to the World Series. He finished with a career-best 10 wins in the regular season and earned two postseason victories.

Photo By Melissa Phillip/Chronicle

Carlos Beltran (above photo) hit his second home run of the series to back six strong innings from starter Brandon Backe. Morgan Ensberg drove in three runs.

Photo By Kirk Sides/for the Chronicle

Astros pitcher Brandon Backe volunteers his time as he works at a Dickinson Bay Area Habitat for Humanity site.

Photo By Kirk Sides/for the Chronicle

Bay Area Habitat for Humanity volunteer Merle Denny gets a helping hand from Astros pitcher Brandon Backe as a group of Astros recently worked at a Dickinson Habitat site.

Photo By Steve Ueckert/Houston Chronicle

Jan. 20, 2009. Brandon Backe, SP. Signed one-year deal worth $1.55 million plus more than $1 million in incentives.

Photo By Karen Warren/Houston Chronicle

It was a difficult 2008 for Brandon Backe, who had a 6.05 ERA to go with a 9-14 record.

Photo By James Nielsen/Chronicle

Brandon Backe walks past a group of fans.

Photo By Dave Rossman/For the Chronicle

Dana Kohler and Brandon Backe

A police brutality case brought by former Houston Astros pitcher Brandon Backe and 11 others against 20 Galveston police officers will move forward despite the city’s request to have the case dismissed.

Judge Keith Ellison denied requests by officers and the City of Galveston to squash the case, saying only "the crucible of a trial" could determine exactly what happened on Oct. 4-5, 2008.

The federal lawsuit claims Galveston police officers used excessive force when they used pepper spray and Tasers on wedding guests in the San Luis Resort's H2O bar.

Galveston police said in 2008 that “the riot” started when officers tried to stop 19-year-old Cole O'Balle from entering the hotel's pool area with an open container of alcohol. Officersallege O’Balle attacked them, punching them in their chests.

Court documents show that other guests, including Backe, got involved in the fight between officers and O'Balle.

O'Balle was taken by helicopter to Memorial Hermann Hospital with a gash to his face.

Backe and nearly a dozen others were arrested. He eventually pleaded no contest to a reduced misdemeanor charge of disorderly conduct and was sentenced to one day of probation and a $1 fine.

The former Astros pitcher and the other plaintiffs first filed the federal lawsuit in 2010. The suit names individual officers, former City Manager Steve LeBlanc, and former Police Chief Charles Wiley as defendants.

A statement from the City of Galveston released at the time of the lawsuit’s filing said, "The events underlying the suit were thoroughly investigated and the city is not aware of factual support for any of the claims asserted."

Backe finished 30-28 in six seasons with the Astros in 2009. He had his best year in 2005, when the Astros went to the World Series. He finished with a career-best 10 wins in the regular season and earned two postseason victories.